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>That is saying you can't work at all for a year after your employment terminates, because anything you produce during that time is presumed to have actually be

by jrs235 9y ago

>That is saying you can't work at all for a year after your employment terminates, because anything you produce during that time is presumed to have actually been created during your previous employment, and so belongs to your ex-employer. But it's not. Inventions != copyright or code produced. If I author a book after employment they don't own the rights to my book. If I write code after employment they don't necessarily own my code or rights to it. Yes. This is WAY CRAZY because enforceable or not it abuses the information and resource availability asymmetry between company and employee.

function_seven 9y ago
It's not just inventions, though. The phrase is: invention, discovery or item of intellectual property The "item of intellectual property" would cover copyrighted material, right? Seems way unenforceable to me, but IANAL.
- jrs235 9y ago
  >The "item of intellectual property" would cover copyrighted material, right? Very much possible, but as someone else alluded to, this clause is incomplete without the rest of the agreement. Somewhere in the agreement "intellectual property" may be defined [better] and it may include copyright, and it might include terms that narrow down what copyright falls within their definition of "intellectual property" (i.e. copyright-able works which pertain to the business of the company). They don't want to own everything... what if I write software for a personal pet project and it causes damages... they would open up themselves to potential liability (unless they cover that, again, somewhere else in the agreement). The entire agreement text is needed for clarity and to make conclusions.
robotresearcher 9y ago
The agreement explicitly says "or item of intellectual property". It's absurd.
- jrs235 9y ago
  *The CLAUSE explicitly says "or item of intellectual property". We can't conclude what the agreement means by "intellectual property". See comment to sister reply. We need the entire agreement text to make conclusions.
- robocat 9y ago
  I wonder if you could create a toxic legal liability by assigning an IP right to the company. E.g. create a trademark about bestiality or pornography, and assign it to the company. Or file a toxic patent (it doesn't need a lawyer). Obvious difficulty to find something you can publish while avoiding legal liability yourself...

by jrs235 9y ago

function_seven 9y ago

It's not just inventions, though. The phrase is: invention, discovery or item of intellectual property The "item of intellectual property" would cover copyrighted material, right? Seems way unenforceable to me, but IANAL.

jrs235 9y ago
>The "item of intellectual property" would cover copyrighted material, right? Very much possible, but as someone else alluded to, this clause is incomplete without the rest of the agreement. Somewhere in the agreement "intellectual property" may be defined [better] and it may include copyright, and it might include terms that narrow down what copyright falls within their definition of "intellectual property" (i.e. copyright-able works which pertain to the business of the company). They don't want to own everything... what if I write software for a personal pet project and it causes damages... they would open up themselves to potential liability (unless they cover that, again, somewhere else in the agreement). The entire agreement text is needed for clarity and to make conclusions.

robotresearcher 9y ago

The agreement explicitly says "or item of intellectual property". It's absurd.

jrs235 9y ago
*The CLAUSE explicitly says "or item of intellectual property". We can't conclude what the agreement means by "intellectual property". See comment to sister reply. We need the entire agreement text to make conclusions.
robocat 9y ago
I wonder if you could create a toxic legal liability by assigning an IP right to the company. E.g. create a trademark about bestiality or pornography, and assign it to the company. Or file a toxic patent (it doesn't need a lawyer). Obvious difficulty to find something you can publish while avoiding legal liability yourself...